Although over 20,000 file-sharing cases have been brought by the RIAA so far, …

Duluth, MN — Since filing the first of over 20,000 file-sharing lawsuits in 2003, the RIAA has seen every one of them either dismissed or settled—almost all in favor of the record industry. That's going to change Tuesday, as a jury trial in Virgin Records America, et al v. Jammie Thomas is set to begin in Duluth, Minnesota.

Throughout their legal campaign, the record labels have done what they can to get judges to decide the case in their favor before trial. Last month, the RIAA asked the judge in this case for summary judgment on three issues: that the record labels own the copyrights, that the copyright registrations are in order, and that Thomas was not authorized to copy or distribute the songs allegedly found by SafeNet on her PC. Judge Michael J. Davis denied the RIAA's motion for summary adjudication, setting the stage for the trial.

In many ways, the case mirrors the other contested file-sharing cases. But Thomas' defense is focusing on what it sees as a key weakness in the RIAA's case, the ownership of the copyrights to the 26 songs allegedly found by SafeNet. The RIAA submitted screenshots of the shared folder SafeNet discovered on KaZaA, stipulating that the plaintiffs owned the copyright to the songs. One problem: the documentation provided by the RIAA doesn't appear to support the claim.

Song

Copyright holder according to the RIAA

Copyright holder according to the certificate of registration

"Appetite for Destruction"

UMG Recordings

The David Geffen Company

"The Comfort Zone"

UMG Recordings

Polygram Records

"Control"

UMG Recordings

A&M Records, Inc.

"Frontiers"

Sony BMG

CBS, Inc.

"Let it Loose"

Sony BMG

CBS, Inc.

"Get a Grip"

UMG Recordings

Geffen Records

"Hysteria"

UMG Recordings

Mercury Records

"If You See Him"

UMG Recordings

MCA Records Nashville

According to Brian Toder, Thomas' attorney, the labels produced no additional evidence to support the claims of copyright ownership during the course of discovery. Two weeks before trial, but several months after they were supposed to be produced in discovery, the labels produced another 784 pages of documentation they say they need to demonstrate copyright ownership. Judge Davis ruled Monday that the RIAA cannot introduce it as evidence.

For the RIAA, the issue is clear-cut. Jammie Thomas, a single mother living in Brainerd, Minnesota, was the Charter subscriber associated with the IP address 24.179.199.117 on February 21, 2005, which is when SafeNet discovered tereastarr@KaZaA logged onto KaZaA with over 1,700 recordings in a shared folder. According to the RIAA, Thomas has used the "tereastarr" nickname online for "many years," leading them to believe that she was indeed responsible for "distributing" the recordings.

Not long after receiving a settlement letter from the labels, Thomas also had the hard drive in her PC replaced by Best Buy, which the RIAA says was done in an attempt to intentionally conceal her infringement. An RIAA spokesperson told Ars on Monday that the group plans to move forward with its claims, and that it tries "to be fair and reasonable" in resolving all of its file-sharing cases "quickly and out of court."

The trial will begin at 9 AM CST Tuesday morning, with much of the first day expected to consist of oral arguments, jury selection, and possibly testimony from a couple of people from the plaintiff's witness list, which includes RIAA president Cary Sherman and expert witness Dr. Doug Jacobson, whose credibility has been called into question in other file-sharing cases. Ars Technica will be on hand for the trial and will be quick to report on the events of each day.